By Terrance S. Carter, Nancy E. Claridge and Sean. S. Carter

Two United Nations Special Rapporteurs have issued separate calls for input as part of ongoing efforts to examine the human rights implications of certain state practices. The first focuses on the use of administrative measures in the context of counter-terrorism and violent extremism; the second concerns access to justice and redress for human rights violations resulting from unilateral sanctions and over-compliance. While these initiatives may be of particular interest to legal and civil society actors operating internationally, they also reflect broader trends in international human rights discourse. These developments may be relevant to charities and not-for-profits, particularly those operating in sectors affected by security-related or financial restrictions. The following summarizes both calls for input.

The UN Special Rapporteur on counter-terrorism and human rights is preparing a report to be presented to the UN General Assembly in October 2025. In this context, the Special Rapporteur has asked for input concerning the use of “administrative measures” imposed outside the criminal justice system. These include various restrictions that may affect individual rights, such as control orders, curfews, home detention, travel restrictions, electronic monitoring, and limits on communication or association. Other measures under review include administrative detention, denial or revocation of passports or citizenship, listing of terrorist organizations, and constraints on public space and assembly.

The Rapporteur’s office is seeking examples and analysis regarding the use of such measures, particularly where they may affect rights without adequate procedural safeguards. The inquiry also extends to issues, such as legal definitions and standards of proof, the necessity and proportionality of restrictions, and whether available remedies comply with due process standards. Of interest as well is the role of courts in reviewing these measures and whether any misuse has occurred – such as their application to civil society actors, human rights defenders, or journalists.

Stakeholders are invited to submit comments by June 1, 2025 to hrc-sr-ct@un.org. Submissions will be published unless a request for confidentiality is made.

The Special Rapporteur on unilateral coercive measures has issued a separate call for input related to the development of new Guidance on accountability, redress, and access to effective remedy. This project builds on prior reports identifying the legal and practical challenges faced by individuals and organizations affected by unilateral sanctions, their enforcement, or over-compliance by enforcing parties.

The complexity of sanctions regimes, the use of vague or overlapping terms, and the hesitancy of legal professionals to take on sanctions-related cases are all highlighted as barriers. Regarding legal professionals, additional disincentives to challenge unjust use of sanctions include fear of penalties and reputational concerns. According to the Rapporteur, over-compliance with sanction regimes can also have significant humanitarian and legal consequences for individuals and entities who are not the direct targets of sanctions, complicating their ability to seek remedies.

The forthcoming Guidance by the UN Special Rapporteur aims to outline standards for responsibility and redress, referencing relevant treaty law, customary international law, and previous normative frameworks, such as the Guiding Principles on Sanctions, Business and Human Rights, a document which seeks to clarify the complex challenges that arise from UN Security Council sanctions, unilateral sanctions by states and regional bodies, and the enforcement or over-compliance with those sanctions. Input on the forthcoming Guidance is being sought on a number of issues, including appropriate terminology, methodologies for assessing damages caused by sanctions, allocation of responsibility, and available avenues for dispute resolution.

The Special Rapporteur has encouraged legal professionals and lawyers’ associations, particularly from sanctioning States, to provide input, recognizing that their perspectives are helpful in deepening the understanding of how unilateral coercive measures, their enforcement, and instances of overcompliance intersect with fundamental principles of access to justice, redress, and effective remedy.

Responses are to be submitted by 30 May 2025 at 18:00 (Geneva time) to hrc-sr-ucm@un.org and will be publicly posted unless a request is made for confidentiality.

While these initiatives originate within the UN human rights system, they will be of interest to Canadian charities and not-for-profit organizations that operate internationally or in sectors affected by counter-terrorism or sanctions regimes. Restrictions on funding, movement, or association, as well as the legal and financial compliance frameworks that accompany such measures, can affect an organizations’ operations, partnerships, and access to services.

​Read the May 2025 Charity & NFP Law Update